Bailey v. Fear
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, Bessie Fear and others, from an order of the Supreme Court, .made at the Albany Special Term and entered in the office of the clerk of the county of Rensselaer on the 9th day of November, 1917, granting plaintiffs’ motion for judgment on the pleadings and directing a reference. ¡
1Opinion of the Court
Lyon, J.:
The question involved upon this appeal is whether a grantee under a full covenant deed can interpose as a counterclaim in an action brought by the grantor to foreclose a purchase-money mortgage the damages sustained by a breach of covenant when there is already pending an action by the grantee against the grantor to recover damages for such breach.
The facts are not in dispute. In August, 1914, the plaintiffs conveyed to the defendants Fear, by full covenant deed, three parcels of land situated in the city of Rensselaer, N. Y„ *332for the consideration of $1,200, $600 of which was paid by…
2Cases cited2 opinions
- Meserole v. WilliamsAppellate Division of the Supreme Court of the State of New York · 1912
- Simon v. NeefAppellate Division of the Supreme Court of the State of New York · 1913
3Cited by1 opinion
- In re CrossDistrict Court, N.D. New York · 1920